CURRENT ISSUES OF APPLICATION OF LEGAL INTERPRETATION METHODS

Authors

DOI:

https://doi.org/10.46991/S&L/2023.96.099

Keywords:

revealing the meaning of the norm, law-making, contradiction, textualism, originalism, joint application of interpretation methods, legally significant phenomenon, will of the law-making body, unity and stability of the legal system, constitutional significance

Abstract

Researches on interpretation methods in legal literature mainly highlight the problems of using this or that particular method and make conclusions about the most correct or most incorrect method, valuing or criticizing its features.

As a result of this research, it was revealed that each of the methods of legal interpretation has its positive and negative aspects, therefore, the use of a single method cannot provide the necessary efficiency for revealing the meaning of a legal norm, moreover, the person interpreting the norm can assign the desired meaning to the norm. arbitrarily choose only the necessary method or several methods, as a result of which the true meaning of the norm will not be revealed.

The theoretical significance of this research is that the issue of improving the application of legal interpretation methods still needs deep and comprehensive scientific study.

In order to ensure the proper functioning of the norm in legal practice, it is practically necessary to first of all identify the meaning embedded in its text. Legal interpretation is the legal tool that ensures the transition of the legal regulation process from the establishment of a legal norm to its implementation, so it should be done comprehensively, addressing all legally significant phenomena affecting the meaning of the norm, while not leading to an overly broad interpretation of the meaning of the norm.

The purpose of this scientific work is to deeply and comprehensively study the issue of the need for the joint mandatory application of legal interpretation methods and its guidelines.

As a result, it is concluded that legal interpretation cannot successfully achieve its goal by the use of one or more separate interpretation methods, but the joint use of all possible legal interpretation methods is needed, taking the interpretation as a guideline, accepting it to ensure the unity and stability of the legal system, which should be manifested by interpreting the norms in accordance with the constitutional significance of the relations regulated by them and the general logic of the Constitution.

Author Biography

Samvel Jabaghyan, Yerevan State University

PhD Student at the Department of Constitutional Law of Yerevan State University,
Advocate at "Harutiunian & Partners Law Firm" LLC,
Advocate at "SNRC" CJSC Law Firm,
Law Lecturer at "KIDPRENEURS SCHOOL" business school 

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Published

2023-09-30